The High Court · 2025

Jatoth Ramesh, S/o Sri Harya, aged.36 years, Proprietor of M/s S.R.Cricket Academy, R/o Plot No.25, Gaddam Enclave, Badangpet Nagara Panchayat, Gurramguda, Ranga Reddy Distnct, 500 058. AND Plot No,53, Shiva Ganga Colony, Opp.Narayana School. L.B.Nagar, Saroornagar Mandal, Ranga Reddy District-500 074. ...Petitioner ...Respondent lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent herein to deposit an amount of Rs.2,02,5001 being arrears of rent which includes mesne profits/damages as on the date of the above Petition including a direction for continuous deposit of said mesne profits @ Rs.6,500/- per month from June 2024 onwards within a period of '15 days before the Hon'ble Judicial Magistrate of First Class, Special Mobile Court -cum- lV Additional Junior Civil Judge Ranga Reddy District. at L.B.Nagar, incase of default, in depositing the said amounts before the Hontle Trial Court within the stipulated period, the suit bearing O.S No.1394 of 2022 to be decreed by striking off the defence of the Respondent herein. lA NO: 2 OF 2024 Petition under Order V Rule 20 of CPC praying that rn the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit/direct the petitioner herein to take the substitute service by publishing in the Newspapers. Counsel for the Petitioner :Sri T Chaitanya Kiran Counsel for the Respondent : No representation The Court made the following: ORDER HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CML REVISION PETITION No.2O28 OF 2024 ORDER: The present Civil Revision Petition is hled against the order dated 26.04.2024 passed in I.A.No.I78 of 2023 in O.S.No.1394 of 2022 by the Judicial Magistrate of First Class, Special Mobile Court-cum-IV Additional Junior Civil Judge- cum-IV Additional Metropolitan Magistrate, Ranga Reddy District, L.B.Nagar.

2. Heard Mr.T. Chaiyanya Kiran, Iearned counsel for the petitioner. Despite service of notice, there is no representation on behalf of respondent. Perused the material available on record.

3. The petitioner herein is plaintiff and respondent is the defendalt in the suit. For convenience, the parties herein a-fter referred to as they are arraygd in the suit.

4. Brief facts leading to hling of the present Civil Revision Petition are that petitioner is the absolute owner of the suit schedule properly, i.e., plot No.53 admeasuring 5OO sq. yards 1n Sy.No.66/3 situated at Residential area of Mansoorabad village, Saroornagar Revenue Mandal under L.B.Nagar LNA, J C.R.P.No.202E of 2024 Municipality, Ranga Reddy District having acquired the same \..., 2 vide registered sale deed bearing document No.31O2 of 1997 , dated 05. 11.1997 and petitioner got constructed a small room with built-up area of 150 sq.ft with asbestos sheets and obtained electricity connection to the same; that lhe respondent approached petitioner to let-out the suit schedule property to enable him to operate an administrative office for his cricket academy and that he entered into rental agreement dated I3.O4.2O19 in favour of respondent for the lease period of 11 months commencing frorn 13.04.2019 on a m,tnthly rent of Rs.6,5OO/- payable on or before 5ft of every m,:nthi that the respondent paid Rs.1O,0OO/- towards refundable deposit and that it is agreed by the respondent for enhancement of rent @ loo/o on last paid rent after lapse of 11 months; It is further averred that respondent paid rents _ irregularly with some shortfall amount arrd as on Novembe r, 2O2O , ttre respondent fell due of arrears of rent of Rs.52,OO0 /- and ttpon repeated requests, he paid Rs.25,000/- on 1 1.1 l.2O2O pror:eising to clear the balance arrears of rent of Rs.27,O0O /-, and executed an undertaking dated 1l.lI.2O2O, however, failed to keep his promise. Hence, the plaintiff had frled a suit viz., O.S.No. 1394 ) LNA, J C.kP.No.2028 of 2024 of 2022 before the Principa,l Junior Civil Judge, Ranga Reddy at L.B.Nagar, for recovery of money against the defendant, pending adjudication of suit, the plaintiff filed I.A.No. 178 of 2023 under Order XV-A of C.P.C read with Section 151 of C.P.C., to direct the respondent/defendant to deposit an arnount of Rs. 1,31,000/- being arrears of rent and further direction to respondent continue to deposit rent at Rs.6,5OO/- per month from July, 2023 onwa:rds within a period of 15 days and in default, to decree the suit by striking off the defense of the respondent.

5. The respondent has filed counter in the said application inter alia contending that due to covid- 19 Corona from OL.O4.2O2O to 01.11.2020 and lock down, no sports were allowed for 8 months and cricket academy was closed for 8 months. During such time, respondent fell due of arrears of rent of Rs.52,000/- and on 17.11.2020 the respondent paid Rs.25,0OO/-. However, it is specific contention of the respondent that the suit schedule property is in the name of the wife of the petitioner and in the entire suit, there is no averment with regard to the non-payment of rents. 4 c.a.p.w,.zou lflizl 6. The trial Court, after considering the submissions of both the parties and material available on record, uid_e ord.er dated 26'o4'2024 dismissed the said application vzith the observation that due to lack of proper rental agreement betueen the petitioner and respond-ent and also tLrc respottd-ent d.id. not ad.mit the auerments of the petttion uith respect to tlte arears of rent and the amount of monthlg rent, this Courl is not inclined. to order for pagment of arrears of rent in fauottr of the petitioner and moreouer the suit scheduled. propertA is ln the name of the petitioner but the rental agreement appea,.s to be entered. between husband. of petitioner and respond.ert and the reason for the same is no uthere mentiorued. in th.e petition Aggrieved by the said order, the plaintiff has preferred r.he present Civil Revision petition. 7 the trial Court has Learned counsel for the revision petitioner contended that erroneously came to a conclusion that though the sale deed is in favour of the petitioner with respect to the suit schedule Propert5r, the rental agreement was not executed by the pedtioner. He further contended that trial Court failed to appreciate that respondent excr-.pt denying the avermefrts of the petition, no evidence material was placed Ii- I I LNA, J C.R.P.No.2028 ol2024 before the trial Court in proof of Payment of arrears of rent and 5 that he paid the monthly rents from the month of March, 2022 onwards. Therefore, he prayed the Court to allow the revision petition.

8. Perusal of the record discloses that the petitioner herein filed O.S.No.1394 of 2022 on the hle of the IV Junior Civil Judge, Ranga Reddy District for eviction, mense profits and arrears of rent. Admittedly, no further rental agreement dated

13.04.2019 appears to be entered by husband of tlle petitioner by name Y. Gurunath Reddy from the petitioner and witness statement in the said application shows that there is a cricket academy, the respondent made default of payment of rents, whereas, in the counter, there is neither any specilic denial nor admission on the part of the respondent regarding the arrears and payments of the monthly rents.

9. Harring regard to the submissions made by the learned counsel for the petitioner and peculiar facts of the case, this Court deems it appropriate to direct the respondent to deposit the monthly rents on or before 5tt' of each and every month, commencing from April, 2025. However, the arrears of rent 6 from the month of July, 2023 tlll this month shall be subject matter of suit LNA, J C.R.P.No.2028 of2024 10 With the above direction, this Civil Rerrision petition is disposed of. No costs. Miscellalreous petitions pending, if arry shall stand closed To, //TRUE COPY// SD/- MOHD. ISMAIL '/ EBUTY REGISTRAR E \ SECTION OFFICER 'I . The Judicial Magistrate of First Class, Special Mobile Court -cum- lV Additional Junior Civil Judge -cum- lV Additional Metropolitan lvlagistrate Ranga Reddy District, at L B.Nagar(with records, if any) 2. One CC to SRI T CHAITANYA KIRAN, Advocate [OPUC] 3. Two CD Copies ADK/gh .l i/ HIGH COURT DATED:1 210312025 t' ORDER CRP.No.2028 of 2024 6 sra ThC 2,| llu p5 c o $( ) * DISPOSING OF THE CRP WITHOUT COSTS 6l bl